Even if the co-ownership by-law does not expressly prohibit chicken coops, if hens create too much nuisance for neighbors, they will be prohibited.
Rude time for poultry! A few days ago we learned of the disappearance of the rooster Maurice, famous gallinacean of the Isle of Oleron, who had been allowed by the Justice to continue singing despite complaints from the neighborhood. And last month, another court pointed out that it is not easy to legally install these birds in a condominium.
A decision was spotted by the lawyer Gaynelle Sousse's who, after looking at the nuisances that can be created by dogs to hang out or breeding of chihuahuas, set out to take stock of the urban chicken coop Windows.
It emerges, like a majority of neighborhood problems, that the central concept of these cases is the "abnormal neighborhood disorder". As The law reminds us, the law considers that the neighborhood is inevitably a source of inconvenience.
But these are eligible as long as the inconvenience is limited. In the case decided by the Grenoble Court of Appeal on 2 June (Grenoble, 1st Rd., 2 June 2020, 18/05068), a co-owner had installed chickens in his outdoor space, but which was also located under his neighbor's windows.
The first claimed that his chicken coop contained only 4 birds when the second saw 15. But, above all, the owner of the hens felt that there was a good right in pointing out that there was nothing in the co-ownership by-law prohibiting the possession of these gallinaceans.
Condemned to dismantle the chicken coop:
The judges did not hear it from the same ear, explaining that the immediate proximity of the living room and the neighbors' room caused them noise and olfactory disturbances that went far beyond the "normal" inconveniences of the neighborhood.
As a result, the owners of the hens were ordered, at first instance, to dismantle the chicken coop installed in their garden. They were also fined 100 euros per day of delay, as well as 200 euros in damages for the victims and 500 euros in court costs.
The owners of the hens did not want to leave it at that, they appealed and after 3 years of proceedings only collected a conviction to pay the neighbors an additional 1000 euros for legal costs.
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